Why, when, and under what authority are temporary ZBA grants illegal in Michign

Asked April 16, 2014, 11:04 AM EDT

When exactly, and under what statute or legal action/grounds, did it become law that ZBA grants were not to be given on a temporary basis and that previously unexpired temporary grants were to be deemed permanent? In the City of Detroit, sometime in the 1980's, the Detroit Board of Zoning Appeals was legally advised to stop its practice of issuing temporary grants, and its previously approved grants that had not reached their expiration date were given permanent status. I need to know the legal grounds for their discontinuing the issuance of temporary grants.

Wayne County Michigan community planning and zoning

1 Response

Zoning powers for cities derive from state enabling legislation. The act that governs ZBAs is the Michigan Zoning Enabling Act, Act 110 of 2006. Variances, like land uses run with the land. So, once approved, they stay with the land regardless of ownership. However, I am not aware of enabling legislation that allows cities to grant temporary variances on land. Nor am I familiar with any legislation that allows temporary use variances.